My Letter of Demand to Syed Hamid & Musa Hassan  

Hello everyone, my lawyer has served the Letters of Demand on all those guys who had me locked up under ISA detention.

Our Ref : SNN/KM/YBT/08
Your Ref : please advise
Date : 11th November 2008

1. YB DATO’ SERI SYED HAMID BIN SYED JAAFAR ALBAR
MENTERI KEMENTERIAN DALAM NEGERI, MALAYSIA
LEVEL 12, BLOCK D2, PARCEL D
PUSAT PENTADBIRAN KERAJAAN PERSEKUTUAN
62546 PUTRAJAYA

2. YBhg TAN SRI MUSA BIN DATO’ HASSAN
KETUA POLIS NEGARA MALAYSIA
POLIS DI RAJA MALAYSIA
IBU PEJABAT POLIS MALAYSIA
BUKIT AMAN, 50560 KUALA LUMPUR

3. PENGARAH CAWANGAN KHAS MALAYSIA
POLIS DI RAJA MALAYSIA
IBU PEJABAT POLIS MALAYSIA
BUKIT AMAN, 50560 KUALA LUMPUR

4. TUAN E KIM TIEN
TIMBALAN PENGUASA POLIS
POLIS DI RAJA MALAYSIA
IBU PEJABAT POLIS MALAYSIA
BUKIT AMAN, 50560 KUALA LUMPUR

Dear YB/ YBhg and Tuan,

Re: Unlawful Arrest and Detention 0f YB Teresa Kok Suh Sim

We act for YB Teresa Kok Suh Sim (“YB Teresa”) who is amongst others, the Member of Parliament for Seputeh, the State Assemblywoman for Kinrara and the Senior State Executive Councillor of the State of Selangor.

Our client instructs us as follows:

1. that at about 11.15pm on 12th September 2008 you and or your agents and or your servants forcibly and in a dangerous manner effected our client’s arrest and or caused our client to be arrested in the aforesaid manner, at the entrance gate to our client’s residence at [...];

2. that the orders for our client’s above arrest was or were instituted and or emanated and or attributed to you directly and was duly carried out by your subordinate police officers namely, DSP E Kim Tien;

3. that soon after our client’s arrest and within reasonable time after the said arrest, you and or your agents and or your servants who performed the said arrest did not allow or permit our client an opportunity to contact our client’s next of kin or our client’s lawyers despite our client’s several and repeated pleas, which is in clear breach of and contrary to our client’s legal rights;

4. that our client was not informed as to the place of detention that our client was to be taken to soon after the said arrest, but arbitrarily and without our client’s consent, our client was taken to Wangsa Maju Police Station where our client was willfully kept under unlawful detention for about 2 ½ hours i.e. from about 11.50 pm 12th September2008 till about 2.40 a.m.13th September 2008;

5. that only at about 2 a.m. 13th September 2008 at Wangsa Maju Police Station was our client formally informed by one DSP E Kim Tien of the Special Branch, that our client was being arrested and detained under Sec 73(1) of the Internal Security Act 1960 (reproduced in verbatim in Bahasa Malaysia), for:

“(a) Saya mempunyai sebab untuk mempercayai terdapat alasan-alasan yang akan menjustifisikan penahanan kamu di bawah Seksyen 8 Akta Keselamatan Dalam Negeri, 1960 dan

(b) Saya mempunyai sebab untuk mempercayai kamu telah bertindak mengikut apa-apa cara yang memudaratkan keselamatan Malaysia,

(c)#(i) dengan melibatkan diri dalam kegiatan yang boleh mencetuskan ketegangan dan pergadohan antara kaum dan agama.

Tarikh: 12/09/2008

t.t.
Tandatangan Pegawai”
6. that you and or your agents and or your servants, at about 2.05 am 13th September 2008 (the same night), at Wangsa Maju Police Station, willfully and deliberately refused/ rejected the formal request by our client’s lawyer Mr. Sankara Narayanan Nair to seek legal access to our client, which is in clear breach of and contrary to our client’s rights under Article 5(3) of the Federal Constitution;

7. that thereafter our client was sent without our client’s knowledge and consent to a certain secret place of detention operated by the Special Branch of the Royal Malaysian Police;

8. that our client was kept under detention without trial from the date and time of arrest i.e. 12th September 2008 at 11.15pm till about 1.40 pm 19th September 2008 (“period of unlawful detention”);

9. that during the period of unlawful detention our client was continually held in solitary confinement;

10. that generally throughout the period of unlawful detention our client lived under inhumane conditions;

11. that all through the period of unlawful detention our client was deprived of all of our client’s constitutional rights;

12. that all through the period of unlawful detention our client was only allowed one visit for only one short hour by our client’s lawyer and two short visits by our client’s immediate family;

13. that only short interview was held by interrogating officers delving on only issues which was on an article carried in the Utusan Malaysia on 10th September 2008 by a columnist known as Zaini Hassan captioned “Azan, jawi, JAIS, UiTM dan ba-alif-ba-ya”;

14. that despite our client’s numerous protest of innocence to the interrogators whilst in detention and also, by the very fact that during the said detention, you had access and full knowledge as to clarifications and denials made by our client on her blog on 10th September 2008, the Bandar Kinrara mosque officials (even before our client’s arrest) Members of Parliament and several persons, either by police reports lodged or statements made and carried in the media, you nevertheless, inter alia, with impunity, arbitrarily, negligently and recklessly persisted and or continued our client’s unlawful detention;

15. that after our client’s final release from the unlawful detention, the Deputy Inspector General of Police Dato Ismail bin Omar (“the DIG”) made a formal press statement on 19th September 2008 which was duly carried by the media including in the New Straits Times (“NST”) dated September 20th 2008 that our client was released unconditionally because “the police was satisfied that she was not a threat to public order and security”;
16. that also, further to the above, the Home Minister was quoted in the NST dated September 20th 2008 as follows “…police investigations showed that there was no reason to detain her further under Section 8 of the act”;

17. that by virtue of the above admissions by the DIG and the Minister, it is evident and without a shadow of doubt, that our client was, at all material times, no threat to the national security of Malaysia nor guilty of any or all of the so called charges as framed in paragraph 5 above and our client therefore holds you fully and wholly liable;

18. that by reason thereof our client’s arrest and detention is unquestionably unlawful and you have by reason thereof caused or put our client into, inter alia, severe mental stress/ anguish, discomfort, loss of reputation, defamation, and to unmitigated loss and damages;

19. further, by reason thereof, you have gravely violated and deprived our client of all our client’s lawful and constitutional rights as entrenched in the Federal Constitution.

TAKE NOTICE that unless you do the following as stated below i.e:

i. make a full, unreserved and unqualified apology in the manner and words in the choice of newspapers or media acceptable and agreeable to our client;

ii. withdraw all allegations made by you in the newspapers and other media; and

iii. pay our client an appropriate and acceptable sums in general and special damages.

within fourteen (14) days from the date of this letter, failing which, we have strict instructions from our client to institute legal proceedings against you personally and vicariously, without further reference to you.

Thank you.

Sincerely,
S N NAIR & PARTNERS